Elidet Bordon et al v. AFR Group, LLC et al
| Elidet Bordon |
| AFR Group, LLC, Career Strategies Temporary, Inc. and Does 1 through 5, inclusive |
| 2:2021cv07760 |
| September 28, 2021 |
| US District Court for the Central District of California |
| Rozella A Oliver |
| Mark C Scarsi |
| Labor: Fair Standards |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 8, 2021. A more recent docket listing may be available from PACER.
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| Filing 20 TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court, No. 21STCV20152. (lc) |
| Filing 19 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE JOINT STIPULATION #18 . Pursuant to a stipulation, the parties agreed that plaintiff may voluntarily dismiss his sole federal claim with prejudice and that the Court may remand the case to state court. The Court grants the stipulation. Plaintiffs FLSA claim is dismissed with prejudice. Plaintiff and Defendant each shall bear their own fees and costs related to the dismissal of the FLSA claim. The Court declines supplemental jurisdiction over the remaining claims, which all arise under state law. The Court remands the case to the Los Angeles County Superior Court, Case No. 21STCV20152. The Court directs the Clerk to close the case. (Made JS-6. Case Terminated.) (lc) |
| Filing 18 Joint STIPULATION to Remand Case to State Court filed by Plaintiff Elidet Bordon. (Attachments: #1 Proposed Order)(Gutierrez, Matthew) |
| Filing 17 NOTICE OF MOTION AND MOTION to Amend Amended Complaint, Answer to Complaint (Discovery), Minutes of In Chambers Order/Directive - no proceeding held,, #16 filed by Plaintiff Elidet Bordon. Motion set for hearing on 12/6/2021 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration ISO Motion, #2 Exhibit Proposed Amended Complaint, #3 Exhibit Redlined Amended Complaint) (Gutierrez, Matthew) |
Filing 16
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER STRIKING SECOND AMENDEDCOMPLAINT #14 . Plaintiff filed a First Amended Complaint (FAC) in state court on August 9, 2021, prior to removal to this Court. (ECF No. 1-2). Plaintiff received a notice citing numerous deficiencies with the filed SAC and has since refiled the FAC, stating inter alia, that he is entitled to file the SAC as a matter of right under Fed. R. Civ. P. 15(a)(l)(B) without leave of court. Accordingly, Plaintiff has already amended his complaint once as a matter of cause under Rule 15(a). Thus, Plaintiff cannot file a SAC without first obtaining leave of court. The Court hereby DISMISSES the instant SAC, without prejudice. (SEE DOCUMENT FOR SPECIFICS). (lc)
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| Filing 15 NOTICE of Change of address by Matthew Gutierrez attorney for Plaintiff Elidet Bordon. Changing attorneys address to 6077 Coffee Rd, Suite 4 Bakersfield, CA 93308. Filed by Plaintiff Elidet Bordon. (Gutierrez, Matthew) |
| Filing 14 (STRICKEN AND DISMISSED THIS INSTANT SECOND AMENDED COMPLAINT PER 10/12/2021 MINUTES DOCKET NO. 16). CORRECTED SECOND AMENDED COMPLAINT against Defendant AFR Group, LLC, Does amending Amended Complaint, Amended Complaint/Petition #10 , Complaint - (Discovery),, filed by Plaintiff Elidet Bordon(Gutierrez, Matthew) Modified on 10/12/2021 (lc). |
| Filing 13 NOTICE OF CORRECTED FILINGS RE DOCKET NOS. 10-11 filed by Plaintiff Elidet Bordon. (Gutierrez, Matthew) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: SECOND AMENDED COMPLAINT #10 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Leave of court required for filing. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Docket does not reflect any order granting leave to file "Second" amended complaint; Nor any pending matter seeking leave to file to which a proposed order, and the proposed "second amended" complaint should have been submitted as their respective separate attachments thereto. (docket only reflects a first amended complaint and an answer thereto were filed in state court. NOTE: Caption has et als...FRCP 10 no et al permitted in caption of an initiating document. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 11 NOTICE of Change of address by Matthew Gutierrez attorney for Plaintiff Elidet Bordon. Changing attorneys address to 6077 Coffee Rd, Suite 4 Bakersfield, CA 93308. Filed by Plaintiff Elidet Bordon. (Gutierrez, Matthew) |
| Filing 10 SECOND AMENDED COMPLAINT against Defendant AFR Group, LLC, Does amending Amended Complaint,, filed by Plaintiff Elidet Bordon(Gutierrez, Matthew) |
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 11/22/2021 at 10:00 AM before Judge Mark C. Scarsi. (smo)
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Filing 8
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Rozella A. Oliver. (ghap) |
| Filing 4 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Western Division. Case has been assigned to Judge Mark C. Scarsi for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Rozella A. Oliver. New Case Number 2:21-cv-7760 MCS (RAOx). (ghap) |
| CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Defendants AFR Group, LLC, Career Strategies Temporary, Inc., Does 1 through 5, inclusive amending Complaint - (Discovery),, filed by plaintiff Elidet Bordon. (FILED IN STATE COURT ON 8/9/2021 SUBMITTED ATTACHED EXHIBIT B)(ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants AFR Group, LLC, Career Strategies Temporary, Inc., Does 1 through 5, inclusive. Jury Demanded., filed by plaintiff Elidet Bordon. (FILED IN STATE COURT ON 5/28/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| NON CONFORM COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Elidet Bordon, upon Defendant AFR Group, LLC acknowledgment sent by Plaintiff on 8/10/2021, answer due 8/31/2021. Acknowledgment of Service signed by John M Wicker, Attorney for defendant AFR Group LLC. (SUBMITTED ATTACHED EXHIBIT C) (ghap) |
| CONFORMED FILED COPY OF REQUEST FOR DISMISSAL as to Career Strategies Temporary, Inc. With prejudice filed by plaintiff Elidet Bordon. (FILED IN STATE COURT ON 9/27/2021 SUBMITTED ATTACHED EXHIBIT F) (ghap) |
| CONFORMED FILED COPY OF ANSWER to FIRST Amended Complaint, filed by Defendant AFR Group, LLC. (FILED IN STATE COURT ON 9/28/2021 SUBMITTED ATTACHED EXHIBIT D)(ghap) |
| Filing 3 Certification and NOTICE of Interested Parties filed by Defendant AFR GROUP, LLC, identifying Carl Renezeder and Kelley Renezeder. (Kraft, Karla) |
| Filing 2 CIVIL COVER SHEET filed by Defendant AFR GROUP, LLC. (Kraft, Karla) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, Los Angeles County, case number 21STCV20152 Receipt No: ACACDC-32064519 - Fee: $402, filed by Defendant AFR GROUP, LLC. (Attachments: #1 Exhibit A Complaint, Summons, Notice of Case Assignment, #2 Exhibit B FAC, Civil Case Coversheet, Notice of Case Reassignment & Order for Plaintiff to Give Notice; Certificate of Mailing; Notice of Case Management Conference, #3 Exhibit C Notice of Acknowledgment and Receipt, #4 Exhibit D - Answer, #5 Exhibit E Proofs of Service of Summons, #6 Exhibit F Plaintiffs Request for Dismissal, #7 Exhibit G Notice of Posting of Jury Fees, #8 Exhibit H Plaintiffs Case Management Statement, #9 Exhibit I Plaintiffs Notice of Electronic Service Request) (Attorney Karla J. Kraft added to party AFR GROUP, LLC(pty:dft))(Kraft, Karla) |
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